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Entitlement to ill-health pension

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74.—(1) An active member of this scheme who has not reached normal pension age under this scheme is entitled to the immediate payment of an ill-health pension under this scheme, in accordance with the provisions of this Chapter, if the conditions in paragraph (2) are met.

(2) The conditions are—

(a)the member or the member’s employer has claimed payment of an ill-health pension;

(b)the scheme medical adviser—

(i)is of the opinion that the member has suffered a permanent breakdown in health involving incapacity for employment or total incapacity for employment; and

(ii)gives the scheme manager and the employer a certificate stating that opinion (“ill-health retirement certificate”);

(c)the member has at least 2 years’ qualifying service; and

(d)the employer agrees that the member is entitled to retire on ill health grounds.

(3) If the member meets the lower tier payment threshold, a lower tier earned pension is payable in respect of the member’s continuous period of pensionable service.

(4) If the member meets the upper tier payment threshold—

(a)a lower tier earned pension is payable in respect of the member’s continuous period of pensionable service; and

(b)an upper tier top up earned pension is payable in respect of the period that begins when the member becomes entitled to the immediate payment of an ill-health pension and ends when the member reaches prospective normal pension age.

(5) A full retirement added pension of any description is payable with a lower tier earned pension if the full retirement account specifies an amount of full retirement added pension of that description.

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